In a significant legal development, the Delhi High Court has delivered a judgement in the case involving Avneet Kaur & Ors. against the Delhi Sikh Gurudwara Management Committee & Ors. The petitioners seek parity in grade pay as per a new notification issued by the respondent. This judgement carries implications for the rights of the petitioners and the interpretation of relevant Acts. Stay informed about this landmark decision.
Arguments
- Learned counsel for the petitioners handed over a hard copy of the rejoinder filed in W.P.(C) 4157/2019, Avneet Kaur & Ors. vs Delhi Sikh Gurudwara Management Committee & Ors., highlighting a notification issued by the respondent pertaining to new grades for employees of DSGMC from November 2016.
- Petitioners seek parity in grade pay as per the new grades mentioned in the notification. Specifically, they argue for a grade pay of Rs. 4200/- as per the new grade of Rs. 9300 – 34,800/- mentioned in the notification.
- The maintainability of the petitions is questioned by Mr. Mishra, learned counsel for the respondent, citing Sections 32 & 33 of the Delhi Sikh Gurudwaras Act, 1971 and previous judgments of the Court.
- Referring to recent judgements, including the case of Om Prakash & Ors. vs Gurunanak Institute of Management & Information Technology & Ors., Mr. Mishra argues against the maintainability of the petitions.
- The petitioners are granted an opportunity for a hearing in support of their representation regarding the disputed grade pay.
Analysis
- The date, time, and venue of the hearing must be communicated to the petitioners in advance.
- This communication should be clear and timely to allow petitioners to make necessary arrangements.
- Early communication helps ensure that all concerned parties can participate effectively in the hearing.
- This requirement promotes fairness and transparency in the legal process.
Decision
- The writ petitions are disposed as per the directions given.
- Petitioners 2, 3 & 4’s case is also disposed in similar terms.
- The consideration given does not affect the rights of the respondents regarding the petitions’ maintainability.
- Petitioner 1, present in court, seeks withdrawal as she has obtained the relief sought.
- Competent Authority is expected to consider the withdrawal sympathetically.
- Petition of petitioner 1 is withdrawn, but petitions of petitioner 2, 3 & 4 will continue.
Case Title: AVNEET KAUR AND ORS. Vs. DELHI SIKH GURUDWARA MANAGEMENT COMMITTEE AND ANR. (2024:DHC:3778)
Case Number: W.P.(C)-4157/2019
